HSBC RAIL (UK) LTD v NETWORK RAIL INFRASTRUCTURE LTD

[2006] Lloyd's Rep Plus 37

COURT OF APPEAL

Before Sir Andrew Morritt QC, Lord Justice Longmore and Lord Justice Lloyd

Negligence – Rolling stock damaged as result of Hatfield crash – Rolling stock leased by owner to train operating company at time of crash – Insurer paying for repairs and bringing subrogated proceedings in name of owner of rolling stock – Owner of rolling stock having reversionary interest only – Whether owner entitled to sue – Whether damage to rolling stock constituted permanent injury – Whether insurer entitled to sue in reversioner’s name by way of subrogation.